A Continuing Disability Review Recommendation in an ALJ Decision

A medical review determines if an individual continues to meet the medical requirements to collect disability benefits. If the person does not meet the medical requirements, the SSA may stop the disability benefits. These reviews are scheduled every few years, depending upon the likelihood of medical improvement in a particular case.

Sometimes you see a recommended time period for a CDR in an administrative law judge's decision. For example, I had a case recently where the judge granted disability benefits to a 39 year old worker suffering from severe thoracic back pain. The very end of the decision stated: "Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 18 months."

A spoonful of sugar helps the medicine go down.

In my view, when a judge makes a recommendation for a quick CDR, it makes the judge feel better about granting disability benefits, particularly to a younger individual. In general, judges do not like the prospect of putting a person on disability for what might turn out to be many years. However, knowing that the claim will be reviewed again soon tends to relieve this concern.

Comments

What information did the judge use to make this opinion: "Medical improvement is expected with appropriate treatment."?

Did a doctor say that, or did the judge just guess based on his unedjucated medical opinion?

How much harder is it to get approved if you're young? I figure age shouldn't matter, what should matter is if an impairment (disability) prevents you from doing any kind of work. This can happen at any time of your life, not just old people. The SSA in their list of what it takes to get approved for SSDI doesn't mention age being a factor at all.

I'm alot younger than 39, but have been seeing doctors for the same problems for 10 years. So if I get approved via a judge, then I hope he doesn't say they are expected to improve, since my problems have been getting worse for 10 years. And I hope I don't get denied because I'm young. Not may choice these things started early instead of later in life.

Thank you for your comment. Well, the judge's recommendation is simply a recommendation that the claim file gets reviewed early. As I said in the post, there is little harm in that.

Getting approved for disability is harder if you are younger, because Social Security considers your age when it considers your ability to do other work. Neverthess, younger applicants who are disabled are approved every day, so do not be discouraged.